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HomeMy WebLinkAbout4690 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4690 KITSAP CO HISTORICAL SOCIETY MUSEUM Tourism Promotion City Clerk LEG 12-1 01/01/2008 12/31/2008 02/15/2010 01/01/2010 TOURISM PROMOTION SERVICES AGREEMENT The City of Bremerton ("City") and Kitsap County Historical Society Museum ("Museum"), referred to collectively as the "Parties," enter into the following Agreement for Tourism Promotion services: I. Scope: The Museum shall provide tourism promotion services for the City. Tourism promotion shall mean activities and expenditures designed to increase tourism to the City. Tourism promotion activities may include, but are not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists to the City. The Museum shall provide to the City a work plan attached hereto as Exhibit A setting forth its goals and objectives for successful tourism promotion II. Term: This agreement shall commence on the date of execution of this Agreement and shall continue in full force and effect until December 31, 2008 unless terminated earlier pursuant to Section IX of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement City shall pay the Museum an amount not to exceed Nineteen Thousand Four Hundred Twenty- Eight Dollars ($19,428.00) for Tourism Promotion services. However, funding for this Agreement is subject to the actual Hotel!Motel Tax funds received by the City. If Hotel!Motel Tax receipts are lower than budgeted funding may be decreased. The Museum shall submit monthly billing statements detailing how activities and services performed by the Museum during the preceding month have specifically promoted tourism in the City of Bremerton including measurable results. Upon receipt of a conforming billing statement, the City shall promptly process payment. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve the Museum of its obligations under this Agreement. The Museum shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. IV. Relationship of Parties: The Museum represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Museum and its personnel are independent contractors and not employees of the City. Museum and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub- Bremerton/Kitsap County Historical Society Museum Page 1 of 4 consultants of the Museum. Museum will be solely and entirely responsible for its acts and for the acts of Museum's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, Museum is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Museum or its personnel. As an independent contractor, Museum is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Museum. v. Indemnification: Museum shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Museum shall provide the Risk Manager for the City with evidence that it has obtained and maintains in full force and effect during the term of this Agreement comprehensive general liability insurance coverage of at least $500,000.00 per occurrence. In the event Museum organizes, promotes or sponsors an event involving the sale or consumption of food or alcoholic beverages, Museum shall also provide evidence that it has obtained products liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The City shall be named as additional insured and a copy of the appropriate additional insured endorsement shall be provided to the City's Risk Manager. The Risk Manager shall be provided thirty (30) days written notice of any cancellation of said insurance. VII. General Conditions: A. Reports and Information: When requested by the City, Museum shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Such reports and documents shall include: list of festivals and special events sponsored by Museum with the amount of revenue expended on each festival, special event or tourism-related facility; the estimated number of tourists and/or persons traveling over fifty miles to the destination, and the estimated number of lodging stays generated BremertonlKitsap County Historical Society Museum Page 2 of 4 per festival or tourism-related event. Museum shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Work Performed at Museum's Risk: Museum shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Museum's own risk, and Museum shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. C. Place of Work: The Museum shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Any necessary meetings with the City staff shall take place at the City's offices, or at locations mutually agreed upon by the parties. D. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. E. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. F. Modification: This Agreement may only be modified by written instrument signed by both Parties. G. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address City Clerk 345 6th Street, Suite 600 Bremerton, W A 98337 Kitsap County Historical Society Museum Jane Roth Williams, Curator 280 4th Street Bremerton, W A 98337 H. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. I. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. J. Compliance with Laws: Museum shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Kitsap County Historical Society Museum Page 3 of4 K. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. L. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. M. Assignment: Any assignment of this agreement by the Museum without the written consent of the City shall be void. VIII. Nondiscrimination: Museum shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated by either party for convenience upon thirty (30) days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all services Museum is providing to the City as of the effective date of termination. X. Termination of Other Contracts. This Agreement shall supersede all prior Agreements between the parties relating to the use of Hotel/Motel Tax. KlTSAP HISTORICAL SOCIETY MUSEUM \ Attest: ~~ City CI Bremerton/Kitsap County Historical Society Museum Page 4 of 4 Lodging Tax Work Plan for 2008 Kitsap County Historical Society Museum 280 Fourth Street Bremerton, W A 98337 (360) 479-6226 Submitted by Jane Roth Williams, Interim Director The goal of the Kitsap County Historical Society Museum is to attract more tourists by increasing awareness of our museum exhibits, events, and programs. We have developed a detailed cohesive plan that maximizes use of available resources while increasing exposure to tourists. Visitors from outside Kitsap County arrive independently or with other family members and/or friends living in the area. To reach the Museum they usually travel by local roadways or by ferry. Some are pedestrians arriving by ferry or walking from nearby lodging establishments, restaurants, or condominiums. We have collected this information anecdotally, over the past years, and are using it as the basis for allocating the 2008 lodging tax monies. During the coming year we are revising visitor surveys to more statistically collect this information. Bremerton Chamber of Commerce: Advertise periodically within the Chamber's monthly newsletter using inserts, and their website, to promote exhibit openings and activities such as our First Friday Lecture Series, Eat Your Way Though Kitsap County, debut of Kitsap County - A HIStory Book And, to promote family focused programs for Armed Forces Day and the Fourth of July weekend. Newspaper Advertising: Advertise with the Kitsap newspaper group and other Peninsula and Seattle publications to promote specific awareness of the Museums activities and programs for out-of-town visitors. The advertisements will complement the same activities and programs mentioned in the Bremerton Chamber of Commerce section, above. Certified Brochure: Since many of our visitors arrive by Washington State Feny we will continue to pay a company for distribution of the Museum's brochure on the feny and at the Seattle terminal. Due to low quantities currently on hand we expect to reprint the brochure during the year. The Kitsap Historian - newsletter for the Kitsap County Historical Society Museum: The newsletter published four times a year, is used to inform recipients, many of whom reside outside ofBremerton, of ongoing museum activities and other reasons to visit the City. The newsletter is a proven record of success as an advertising medium as shown by prior surveys taken by the Museum. Kitsap Peninsula Visitor Convention Bureau: This is an annual fee paid for ongoing advertising and promotion of the Museum's attractiveness to tourists. Bremerton Symphony: This is an annual fee paid for ongoing advertising and promotion of the Museum. Road Signage: This is an annual fee paid for signs along state highways and arterials providing visitors directions to the Museum. Building Appearance: Continue to enhance the appearance of the outside of our building with improved signage and painting so that tourists unaware of the Museum have the opportunity to find our location. Kitsap Peninsula Heritage Guide: This is a brochure designed and produced by the Kitsap Peninsula Visitor Convention Bureau and the Heritage Roundtable (a coalition of museums in the region). It has been hugely successful - flying off the racks - recognized by the State as an exemplary piece of tourist advertising and added to their tourism website. Due to low quantities on hand we will be contributing with the other Heritage Roundtable members to fund the reprinting of this brochure in early 2008. Direct Mail ProductionIPostage and Poster Advertisements: In addition to mailing "The Kitsap Historian" we will also target other direct mail pieces to various groups encouraging them to attend activities and programs held at the Museum or within the City. Such programs are: Eat Your Way Through Kitsap County, Downtown Historic Walking Tour, A Step Back in Time to the 1960 's, and First Friday Lecture Series. We will produce posters for distribution around the Peninsula as a complement to mailings. PostcardINote Cards: We will design and produce two series of souvenir Postcards and/or Note Cards offering them for sale in our Store and make them available to other organizations and merchants wishing to market them. One series will have a historic theme; the other will be more contemporary. Upgrade Website: Purchase software allowing us to update our website and add more marketing pages. Ever increasing numbers of tourists are looking to the web when planning to visit an area.